LANPHIER & ASSOCIATES
TERMS & CONDITIONS
PLEASE READ THE FOLLOWING TERMS OF SERVICES & LEGAL NOTICES (hereinafter "Agreement") CAREFULLY BEFORE USING THIS WEBSITE (the "Site" or "lanphierlaw.com"). Any person accessing this Site to utilize any of the services it provides, including finding a professional, posting information or otherwise utilizing any of the features on this Site (collectively known as "Services") must accept the Terms and Conditions of this "Agreement" without change. These terms explain your (and our) rights under this Agreement and make disclosures as required by law. By using the Site, you give your assent to the terms of this Agreement. If you do not agree to these terms, you may not use this Site. Lanphier & Associates, (hereinafter referred to as "Lanphier & Associates," "We," or "Our") has the right, in our sole discretion, to modify, add or remove any terms or conditions of this Agreement without giving individual notice to you, by posting the changes on the Site. Your continuing use of the Site constitutes your acceptance of any such changes.
This Site is maintained by Lanphier & Associates, a debt relief agency. In addition, attorneys and/or law firms promoted through this web site are Debt Relief Agencies. They also help people file for relief under the Bankruptcy Code. Lanphier & Associates attorneys are licensed in the following states: California. The Site is maintained by the law firm for three purposes. First, the Site is intended as a resource for clients of Lanphier & Associates. It is also meant to provide information to the public about bankruptcy, financial management and debt relief. Third, in addition to providing service to Lanphier & Associates clients and educating the general public, the Site also provides users with the ability to submit information about their specific financial situation and request contact from either a Lanphier & Associates attorney, or an unaffiliated sponsoring attorney (depending on geographic location since Lanphier & Associates does not have offices in every geographic location) to discuss specifics of user's case and to possibly hire the attorney to represent user.
While Lanphier & Associates is a law firm, Lanphier & Associates does not receive any portion of any unaffiliated sponsoring attorney's fees and any contracts for representation that you make with any of the unaffiliated sponsoring attorneys are strictly between you and the unaffiliated sponsoring lawyer and do not involve Lanphier & Associates. Lanphier & Associates charges a reasonable marketing fee to its unaffiliated sponsoring attorneys to offset the cost and expense of maintaining this Site. Such costs and expenses include, but are not limited to, web marketing, site maintenance and administration.
IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER
If you decide to seek bankruptcy relief, you can represent yourself, you can hire an attorney to represent you, or you can get help in some localities from a bankruptcy petition preparer who is not an attorney. THE LAW REQUIRES AN ATTORNEY OR BANKRUPTCY PETITION PREPARER TO GIVE YOU A WRITTEN CONTRACT SPECIFYING WHAT THE ATTORNEY OR BANKRUPTCY PETITION PREPARER WILL DO FOR YOU AND HOW MUCH IT WILL COST. Ask to see the contract before you hire anyone.
The following information helps you understand what must be done in a routine bankruptcy case to help you evaluate how much service you need. Although bankruptcy can be complex, many cases are routine.
Before filing a bankruptcy case, either you or your attorney should analyze your eligibility for different forms of debt relief available under the Bankruptcy Code and which form of relief is most likely to be beneficial for you. Be sure you understand the relief you can obtain and its limitations. To file a bankruptcy case, documents called a Petition, Schedules and Statement of Financial Affairs, as well as in some cases a Statement of Intention need to be prepared correctly and filed with the bankruptcy court. You will have to pay a filing fee to the bankruptcy court. Once your case starts, you will have to attend the required first meeting of creditors where you may be questioned by a court official called a 'trustee' and by creditors.
If you choose to file a chapter 7 case, you may be asked by a creditor to reaffirm a debt. You may want help deciding whether to do so. A creditor is not permitted to coerce you into reaffirming your debts.
If you choose to file a chapter 13 case in which you repay your creditors what you can afford over 3 to 5 years, you may also want help with preparing your chapter 13 plan and with the confirmation hearing on your plan which will be before a bankruptcy judge.
If you select another type of relief under the Bankruptcy Code other than chapter 7 or chapter 13, you will want to find out what should be done from someone familiar with that type of relief.
Your bankruptcy case may also involve litigation. You are generally permitted to represent yourself in litigation in bankruptcy court, but only attorneys, not bankruptcy petition preparers, can give you legal advice.
[Statement contained in and required by 11 USC 527(b).]
The materials and information provided on this Site are for informational purposes only and may not reflect current legal developments or variations in the law of different jurisdictions. Nothing on this Site should be construed as legal advice or used as a substitute for legal advice. Lanphier & Associates only provides legal advice to clients who actually meet with one of its attorneys in a consultation. The information on this Site does not necessarily reflect the opinions of the attorneys or law firms, their partners, clients or affiliates. The information on the Site is not guaranteed to be correct, complete or up to date. The Site is not intended to create an attorney-client relationship between you and Lanphier & Associates nor between you and any of the unaffiliated sponsoring attorneys, their law firms, partners, employees, agents, or affiliates, or any other attorney associated with this Site. In addition, receipt of an e-mail from or a "post" to the Site does not create an attorney-client relationship.
YOU SHOULD NOT ACT OR RELY ON THE BASIS OF ANY INFORMATION ON THE SITE AS THE INFORMATION CONTAINED ON THIS SITE IS NOT A SUBSTITUTE FOR LEGAL ADVICE FROM AN ATTORNEY. YOU SHOULD SEEK AND RETAIN AN ATTORNEY AND GET SPECIFIC ADVICE ABOUT YOUR SITUATION!
3. Submission of Information
By submitting information to us, you agree that we may release your contact information and all information that may be submitted by you to unaffiliated sponsoring attorneys or we may use the information within our law firm. You further agree and understand that an attorney from Lanphier & Associates or one of the unaffiliated sponsoring attorneys may contact you directly should they have any interest in discussing your case with you, unless you request in writing your desire not to be contacted. Under no circumstances shall we be obligated to release any submitted information to our unaffiliated sponsoring attorneys or law firms, including contact names. The decision to release such information is within our sole discretion. Furthermore, no unaffiliated sponsoring attorney or law firm under any circumstance is obligated to contact you and it is within the attorney's or law firm's sole discretion whether or not to contact you.
By accepting the submission of your information, we do not offer any advice on whether you may have a valid defense to collection proceedings. If, after discussing your specific case with an unaffiliated sponsoring law firm, the attorney is willing to represent you in the specific matter you have presented to them, they will either present you with a retainer agreement in person or send you one in the mail that you will need to sign and return before they can represent you in that specific matter. If either the attorneys (or law firms) or you do not agree in writing to create an attorney-client relationship, none will exist. You are once again encouraged to seek and retain the advice of a duly licensed attorney in your state so as to meet all applicable deadlines that govern your bankruptcy case.
5. Participation in the Site
By submitting information to, reading from, participating with, or otherwise using this Site, you agree that you will abide by the following rules:
* The Site may only be used in good faith and may not be used to transmit or otherwise make available any false or misleading information or that you do not have a right to make available under any law, contract, or fiduciary relationship. Such information includes, but is not limited to inside information, proprietary information and confidential information learned or disclosed as part of an employment relationship or under nondisclosure agreements. You agree not to use this Site to threaten, abuse, harass or invade the rights of any person or entity, to infringe on any person or entity's intellectual property rights, or in any other way that could reasonably be deemed unethical, illegal or offensive.
* You agree not to misidentify yourself or impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. For example, you agree not to pretend to be someone else or pretend to be from an entity you don't represent or that is fictitious.
* You will not post advertisements or promotional materials, solicit participants and/or visitors to this Site without the express written consent of Lanphier & Associates. You further agree not to duplicate, copy, distribute, sell, resell or exploit for any commercial purposes any portion of this Site or its Services, use of the Site or its Services, or access to the Site or its Services without the express written consent of Lanphier & Associates.
* You are prohibited from using any type of computer "worm," "virus," or any other device that is intended or is reasonably likely to disrupt, overload, or otherwise impair the Site, Web servers or any part of the Site from functioning for its intended purposes. If you violate this provision, the resulting damage will be difficult to quantify as a dollar amount and therefore you hereby agree to pay Lanphier & Associates liquidated damages in the amount of $10,000 for each day that the Site is damaged until the Site is completely repaired. Such liquidated damage sum is calculated by estimating the value of the loss of goodwill caused by the inoperable state, and the time and money it will take to repair the Site and to address visitor concerns. We are required to use reasonable efforts to repair the Site as quickly as possible. This clause will not prohibit us from seeking additional compensation if your conduct injures us in a way not expressly contemplated in these Terms and Conditions.
* We are not responsible for any personal information provided on our Website that is mined by SPY WARE that may be present on your computer.
* Use of this Site is not permitted for purposes of "data mining" or extracting content from the Site beyond your own personal end use.
* Forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through the Site is strictly prohibited.
* You agree you will not use this Site or any of its contents to injure minors in any way.
* You agree that you shall not intentionally or unintentionally violate any applicable local, state, or federal, national or international law. Such laws include, but are not limited to, rules and regulations promulgated by the United States Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law.
* In the event you choose to submit information through the Site you agree that such information will be true, accurate, current and complete to the best of your knowledge. You further agree to update the information to keep it true, accurate and current. Should you provide untrue, inaccurate, outdated or incomplete information, we have the right to suspend or terminate, temporarily or permanently, your use of the Site or any part of the Site or its Services at our sole discretion.
* You understand and agree that all Content (Content consists of, but is not limited to the following: information, statistical data, text, software, music, sound, photographic, graphics, video, messages or other materials), whether publicly or privately transmitted by you or other users of the Site or the Service, are the sole responsibility of the person from which such Content originated. Lanphier & Associates is not responsible for the Content you or any other user upload, post, email or otherwise transmit through this Site. Lanphier & Associates does not control all of the content posted on this Site. You may be exposed to Content you find offensive, objectionable or indecent. Lanphier & Associates under no circumstances is responsible or can be held liable in any way for any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted through the Site.
* You acknowledge that Lanphier & Associates may or may not pre-screen Content, but that we or our designees shall have the right in our sole discretion, without obligation, to pre-screen, refuse, or move any Content that is available through the Site. Lanphier & Associates and our designees shall have the right, without obligation, to remove any Content that violates this Agreement or is otherwise objectionable, without limitation.
* You acknowledge that you are a party who can legally enter into a contract under applicable law. In other words, minors are not allowed to use the Services on this Site.
6. Identification of Sponsoring Attorneys and Law Firms
Lanphier & Associates herein provides the identification of its Sponsoring Attorneys who it forwards any electronic information submitted on the Site for follow-up in jurisdictions where Lanphier & Associates does not have an affiliated office. Lanphier & Associates is in no other way affiliated with the sponsoring attorneys and law firms named here. Lanphier & Associates does not manage, control, or own in any way any of the sponsoring attorneys and law firms, other than as specifically provided herein.
7. Preservation of Intellectual Property Rights
This Site and any necessary software used in connection with this Site may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except for the limited license Lanphier & Associates is granting you pursuant to paragraph 7 below, nothing in these Terms and Conditions grants or should be construed to grant any licenses or rights in any way whatsoever including but not limited to, implied license, license by estoppel, intellectual property rights, or copyrights. You agree that all right, title and interest (including intellectual property rights, trademarks, copyrights, service marks, patents and any other intellectual property rights) in this Site and its content belongs to Lanphier & Associates or our licensor's, as applicable. Nothing on this Site, including Content, graphics, or logos may be copied, photocopied, reproduced, translated, or reduced to any electronic medium or machine-readable form, in whole or in part, without the express written consent of Lanphier & Associates. Except as authorized by express written consent, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Site or the software, in whole or in part.
8. Limited License and Permitted Use
User is hereby granted a limited, non-exclusive, nontransferable, revocable license to: 1) access and use the Site strictly in accordance with these Terms and Conditions; 2) use the Site solely for internal, personal, noncommercial purposes; and 3) print out information and search results from the Site for limited internal, personal, noncommercial purposes, provided that you maintain all copyright and comply with other notices contained herein.
9. Restrictions on Use
10. Modifications to the Site
We reserve the right to modify or discontinue, temporarily or permanently, the Site (or any part of it) with or without notice at any time. In the event of modification or termination, all information submitted by you and others may be lost. You agree to keep a permanent record of all information provided to us, and you agree that all information submitted to us is at your sole risk. You agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Site including messages or other communication, without limitation or exception. You agree that we shall not be liable to you, your heirs and assigns, or to any third party for any modification, suspension or discontinuance of the Service.
11. No Solicitation
You agree not to distribute on or through this Site, or to any persons or entities identified in this Site, any advertising or solicitation content of any kind without our express written consent.
12. No Liability for "Hyperlinks"
This Site may from time to time contain, but is not obligated to provide, "hyperlinks" to websites neither owned nor controlled by Lanphier & Associates. Lanphier & Associates is not responsible for and makes no representations or endorsements regarding these other "hyperlinked" sites, unless specifically noted. By providing "hyperlinks," Lanphier & Associates does not intend to state or imply that we sponsor, are affiliated with, or are legally authorized to use any trade name, registered trademark, service mark, logo, legal or official seal, or copyrighted symbol that may be reflected in the "hyperlink."
13. No Liability for Third-Party Content
This Site from time to time may contain content provided by third-parties or content provided by third-parties may be accessible through our Site via "hyperlinks." Lanphier & Associates shall not be responsible for and does not assume any liability for any mistakes, misstatements of law, defamation, omissions, falsehoods, obscenities, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on our Site. You understand and agree that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by or necessarily reflects the beliefs of Lanphier & Associates.
14. No Liability for Errors and Corrections
Lanphier & Associates does not warrant or represent that this Site will be error-free or free from viruses or other harmful elements, or that any such defects will be corrected. We do not warrant that the information provided on this Site will be correct, accurate, timely or otherwise reliable. We may make improvements and/or changes to its features, function, or content of the Site at any time without notice. Lanphier & Associates is not obligated, under any circumstances, to make such improvements or changes to this Site. Lanphier & Associates shall not be liable for any such errors or defects in any event.
User agrees to indemnify and hold Lanphier & Associates, its subsidiaries, assigns, directors, affiliates, officers, agents, employees, or third-party contractors, harmless from all damages, costs, liabilities, and any claim or demand made by any third party, including reasonable attorney's fees due to or arising out of Content you submit, post to, or transmit through the Site, your use of the Site, your connection to the Site, your violation of this agreement, or your violation of any rights of another person, or due to or arising from such activities carried out by a person using your Lanphier & Associates account or password with your knowledge.
16. No Liability for Business Dealings with Advertisers
User assumes the risk of any and all correspondence or business dealings with, or participation in promotions of, advertisers found on this Site, including, but not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. Such transactions are exclusively dealings between user and the advertiser and user agrees that Lanphier & Associates shall not be responsible or liable in any way for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of the advertisers on this Site.
17. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ON THE SITE IS PROVIDED SOLELY ON AN "AS-IS/AS-AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Lanphier & Associates EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE ABOVE PARAGRAPH, Lanphier & Associates MAKES NO REPRESENTATION OR WARRANTY THAT (i) THE CONTENT AND SERVICE OF THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR FROM THE INFORMATION PROVIDED ON THIS SITE WILL BE ACCURATE OR RELIABLE, (iii) THE CONTENT AND SERVICE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE IS ACCURATE OR WILL MEET YOUR EXPECTATIONS. Lanphier & Associates DOES NOT GUARANTY THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR SERVICES AND Lanphier & Associates DOES NOT GUARANTY THE SERVICES OR MATERIALS ASSOCIATED WITH THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY SERVICE OR GOOD SERVICE WILL CONTINUE TO BE AVAILABLE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN RISK AND DISCRETION AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO WRITTEN OR ORAL INFORMATION OBTAINED BY YOU FROM US OR THROUGH US OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
18. Limitation of Liability
YOU EXPRESSLY AGREE AND UNDERSTAND THAT Lanphier & Associates SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, DATA, USE, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE COST OR PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, SERVICES, MATERIALS, OR INFORMATION PURCHASED OR OBTAINED, MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (ii) THE USE OR INABILITY TO USE THE SITE; (iii) STATEMENTS OR CONDUCT OF THIRD PARTIES ON THE SITE; (iv) YOUR FAILURE TO RECEIVE ANY THIRD PARTY SERVICES OR PRODUCTS REQUESTED THROUGH THE SITE; (v) INVALID DESTINATIONS, TRANSMISSIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA; (vi) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT ARE WE LIABLE TO YOU FOR AN AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU TO US FOR ANY SERVICES IN QUESTION, IF ANY.
19. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. Termination of License and Use
User agrees that by using this Site user does not acquire any rights to the Site other than the limited license to use this Site as provided in paragraph 7 that can be terminated in accordance with this section. User agrees that Lanphier & Associates in our sole discretion may terminate your password, account or any part of your account, or use of this Site for any reason, including but not limited to and without limitation, non-payment, lack of user's use, or if we believe that you have violated these terms and conditions or have acted inconsistently with the letter or spirit of this agreement. User agrees further that Lanphier & Associates may remove and discard any Content on this Site without notice and for any reason within the sole discretion of Lanphier & Associates. Lanphier & Associates may also in our sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice.
User agrees that any termination of your access to the Site under any provision of this agreement may be effected without prior notice and user further acknowledges, understands and agrees that Lanphier & Associates may immediately deactivate or delete your account and all related Content information and files in your account and/or bar any further access to such files or the Site. User also agrees that Lanphier & Associates shall not be liable to you or any third-party for any termination of your access to this Site.
21. Attorney Advertising Disclosures
This Site may be considered to be an ADVERTISEMENT or may contain ADVERTISING MATERIAL or LAWYER ADVERTISEMENTS. Some state court jurisdictions may consider this Site itself to be a form of advertising for legal services. Advertising for legal services in some states may require specific disclosures. User agrees that user has read the following disclosures carefully, especially the disclosures that apply to user's state of residence.
THIS IS AN ADVERTISEMENT. Hiring a lawyer is an important process that should not be based solely on any advertisement. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability and should not rely upon advertisements or self-proclaimed expertise. Lanphier & Associates provides biographical statements about its own attorneys with the aim of aiding the user in gathering factual data the user can use to investigate Lanphier & Associates's lawyers' credentials.
BACKGROUND INFORMATION IS AVAILABLE UPON REQUEST
Before user decides to hire any of Lanphier & Associates's sponsoring attorneys, user should ask sponsoring attorneys to provide free written information about their qualifications and experience. Additional information about particular attorneys is also available by contacting the Bar Association in the State in which the lawyer or law firm is licensed. Lanphier & Associates provides background information on its attorneys within the Content on this Site including bar admissions, experience, and personal background information. Additional information may be available upon request.
User understands and acknowledges that attorneys from time to time make career choices and change employment and user understands that Lanphier & Associates cannot be held liable for any damages or inconvenience if a particular attorney is not employed by the law firm at a given time. Lanphier & Associates will take reasonable measures to insure the accuracy of its attorney listings and update Content on the Site to remove biographical information about attorneys who are no longer with the firm as well as provide biographical information about new attorneys. However, user agrees that Lanphier & Associates has no liability whatsoever, as stated in paragraph 13, for any errors or corrections as to attorney information provided on this Site. Lanphier & Associates agrees to verify the current employment status of any attorney identified as a Lanphier & Associates employee at any given time upon request.
Lanphier & Associates makes no representation that the quality of the legal services performed by Lanphier & Associates attorneys or by any of the sponsoring attorneys is greater than the quality of the legal services performed by other lawyers. User understands that memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical or professional associations and societies of law or fields of practice do not mean the lawyer is a specialist, expert, or authority or is certified in a particular field of law, nor do such memberships or licenses mean that such a lawyer is more expert or competent than any other lawyer.
User should understand that any indication of a limitation of practice does not mean that any agency or board has certified the lawyer as a specialist, expert, or authority in an indicated field of law practice, nor does it mean that such lawyer is more expert or competent than any other lawyer. Lanphier & Associates urges all users to make an independent investigation and evaluation of any lawyer user is considering hiring for any legal matter.
Except where specifically indicated, no attorney of Lanphier & Associates or any of the sponsoring attorneys are certified by the Florida Bar Board of Legal Specialization and Education, the Texas Board of Legal Specialization ("Not Certified by the Texas Board of Legal Specialization"), or any other entity or body. The fact that certain attorneys or firms restrict their practices to a particular field of law is not meant to imply that they have gained any specific type of certification or specialization in the area of law they are concentrating their practice. Many states, including Illinois, do not recognize certifications or specialties in the practice of law and explicit state that any such certificate, award or recognition is not a requirement to practice law in those fields or in the state.
Within this Site, Lanphier & Associates may include descriptions of successful outcomes of litigation or lawsuits handled by Lanphier & Associates, Sponsoring law firms, or other attorneys not affiliated with Lanphier & Associates or the Site. Any such descriptions are not meant to create unjustified expectations that similar results can be obtained for others. Each case is different and has its own unique set of facts and legal circumstances. No attorney can guarantee the success of a case. Even past successes in very similar cases does not indicate success in a subsequent case is guaranteed or even likely. Past successes in similar matters cannot be an assurance of future successes because every case must be decided on its own merits. Results depend upon a variety of factors unique to each fact situation.
The material on this Site is not intended to and does not include any advertisements for legal services that contain testimonials, dramatizations, or endorsements. The Site is intended to provide useful information presented in a non-sensational, objective, and understandable manner. Images and pictures on this Site, other than where indicated (i.e. attorney photographs), are not meant to depict or represent actual people or events, but are used for illustrative purposes only.
This Site is not intended to advertise legal services to be performed in a particular state solely by Lanphier & Associates or its sponsors, unless the lawyer or law firm is specifically licensed to practice in the State.
Lanphier & Associates nor any of its Sponsoring attorneys and law firms wish to and will knowingly accept legal representation based on or resulting from the use of this Site from a person within a particular jurisdiction to the extent the Site does not comply with the laws and regulations of any jurisdiction in which it may be received. Lanphier & Associates nor any of its Sponsoring attorneys and law firms will knowingly accept representation based on or resulting from use of this Site from a person located out of the United States of America.
STATE SPECIFIC DISCLOSURES:
Please note that Lanphier & Associates is a private law firm and is not affiliated with any government agency. Lanphier & Associates does not receive any funding from any government or not-for-profit foundation.
22. Entire Agreement
These Terms and Conditions constitute the entire agreement between Lanphier & Associates and User and govern the use of this Site superseding any prior agreements between User and Lanphier & Associates. User may also be subject to additional terms and conditions that may apply when User uses or purchases certain other services, affiliate services, third-party content, third-party software or materials found on any "hyperlinks."
23. Choice of Forum
Any disputes arising out of or related to use of this Site, this agreement, and/or the relationship between User and Lanphier & Associates shall be submitted for resolution to arbitration in Sacramento, California in accordance with the rules and procedures of the American Arbitration Association.
24. Statute of Limitations
User agrees that regardless of any statute or law to the contrary, any claim or cause of action, or dispute arising out of or related to the use of this Site, this agreement and/or the relationship between User and Lanphier & Associates must be filed within one (1) year after such claim, cause of action, or dispute arose or such claim, dispute or cause of action shall be forever barred.
25. Waiver and Severability of Terms
Should Lanphier & Associates fail to enforce or exercise any of its rights or provisions of this Terms and Conditions shall not constitute a waiver of such rights or provisions. If any provision of this Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of this Terms and Conditions shall remain in full force and effect.
26. Attorney Ethics Notice
If User is an Attorney, or if you are a Sponsor participating in any aspect of this Site, you acknowledge that rules of professional conduct apply to all aspects of your participation and that you will abide by such rules. The rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law, misrepresentations of fact, and due diligence. Lanphier & Associates disclaims any and all responsibility for attorney's compliance with these rules.
The section titles and headings in this Terms and Conditions are for convenience and organizational purposes only and have no legal or contractual effect.